What historical burdens do textured hair laws address?

Roots

For those who carry the heritage of textured hair, the very strands on one’s head are not merely biological filaments; they are living archives, imbued with the stories of generations, the wisdom of ancestral hands, and the echoes of resilience. To inquire into what historical burdens textured hair laws address is to trace a path through time, to acknowledge that these laws are not born of caprice, but from deep-seated societal currents that sought to diminish, control, and erase a profound aspect of identity. It is to recognize that for Black and mixed-race communities, hair has always been a powerful, visible declaration of self, lineage, and spirit, often becoming a battleground where freedom and dignity were contested.

The journey into understanding these burdens begins in ancient Africa, where hair was revered as a spiritual antenna, a social marker, and a canvas for artistry. Hairstyles conveyed messages about tribal affiliation, age, marital status, wealth, and even one’s role within the community. Braiding, for instance, was a communal activity, a tender thread connecting mothers to daughters, friends to kin, passing down not just techniques but stories, rituals, and collective memory (Khumbula, 2024).

The intricate patterns of cornrows, some dating back to 3000 BCE, served as a nonverbal language, a visual lexicon of belonging and identity (Odele Beauty, 2024). This reverence for hair, its inherent beauty, and its profound cultural significance was a birthright, a foundational understanding of self deeply rooted in ancestral practices.

Textured hair laws confront a legacy of control, aiming to restore the inherent dignity and cultural significance of Black and mixed-race hair.

Then came the rupture ❉ the transatlantic slave trade. Enslaved Africans were stripped of their names, languages, and cultural markers, and often, their hair was shaved or forcibly altered upon arrival in the Americas. This act was not merely for hygiene; it was a deliberate, brutal attempt to sever ties to heritage, to dismantle identity, and to impose a new, dehumanizing reality (The Queen’s Journal, 2025). The forced assimilation continued, with societal pressures and overt discrimination pushing for the adoption of Eurocentric hair standards.

Hair that coiled, locked, or defied gravity was deemed “unprofessional,” “unruly,” or “bad,” a stark contrast to the celebrated straightness that symbolized “good hair” (BLAM UK CIC, 2022). This manufactured hierarchy of beauty, steeped in racial prejudice, became a pervasive societal burden, influencing everything from self-perception to economic opportunity.

Hair Anatomy and Its Ancestral Understanding

From a scientific perspective, textured hair, particularly coily and kinky strands, exhibits unique characteristics that demand specific care. The elliptical shape of the hair follicle, the density of the curl pattern, and the slower rate of sebum travel along the hair shaft contribute to its propensity for dryness and fragility. Ancestral practices, honed over millennia, instinctively understood these needs.

For example, communities across Africa used natural ingredients such as Shea Butter, Coconut Oil, and Aloe Vera to nourish and protect hair, prioritizing moisture and scalp health long before modern science articulated the molecular benefits (Hair Care Practices from the Diaspora, 2025). These traditional remedies were not just about aesthetics; they were about preserving the health and vitality of the hair, a testament to an intuitive, inherited wisdom.

The burden these laws address, therefore, is not just about outward appearance; it delves into the very biological understanding of textured hair, which for centuries was pathologized rather than celebrated. It is a historical weight that sought to deny the inherent beauty and structural integrity of hair that did not conform to a narrow, imposed ideal. The denial of this biological reality, coupled with the social policing, created a systemic disadvantage.

How Did Colonial Narratives Reshape Hair’s Perception?

Colonial narratives actively worked to dismantle the established African understanding of hair’s symbolism and intrinsic value. The elaborate hairstyles that once denoted status or tribal identity were dismissed as primitive or uncivilized. This deliberate distortion served to justify the subjugation of African peoples, positioning their physical attributes, including hair, as evidence of inferiority (The Queen’s Journal, 2025). This systematic devaluing of textured hair was a powerful tool of control, forcing individuals to internalize a sense of shame about a part of themselves that was, in their heritage, sacred.

The enduring impact of these narratives is evident in the continued perception of natural hair as “unprofessional” in many contemporary settings. A 2020 study by Duke University found that Black women with natural hairstyles were perceived as less professional and less competent, and were less likely to be recommended for job interviews compared to candidates with straight hair (Don’t touch my hair!, 2022). This research illuminates the lingering historical burden that textured hair laws seek to alleviate ❉ the burden of being judged and denied opportunities based on a phenotype inextricably linked to racial identity.

Ritual

Stepping into the space of ritual, we confront the active practices and historical impositions that shaped the textured hair journey. It is a space where the wisdom of ancestral hands meets the pressures of a society often unreceptive to its beauty. For those with textured hair, care has always been more than mere grooming; it has been a ritual of self-preservation, a quiet act of defiance, and a continuous conversation with heritage. The laws we now see emerging, like the CROWN Act, are not simply about protecting a hairstyle; they are about reclaiming the right to perform these rituals, to express this heritage, without fear of penalty or prejudice.

Consider the historical burden of the Tignon Laws of 1786 in colonial Louisiana. These laws, enacted by Governor Esteban Miró, mandated that free women of color cover their hair with a tignon, a head scarf, in public (Don’t touch my hair!, 2022). The stated purpose was to distinguish them from white women and to curb their perceived “extravagance” and attractiveness, which was seen as a threat to the social order (The Tignon Laws, 2025). This was a direct assault on identity and self-expression, a legal mechanism to reinforce racial hierarchies and limit the social mobility of Black women who, through their elaborate hairstyles, often adorned with jewels and feathers, were asserting their status and beauty (The Historical Significance of Black Women Hair Standards, 2024).

Hair discrimination, a relic of historical control, extends its reach into contemporary workplaces and schools, creating systemic barriers.

Yet, in a powerful act of resistance, these women transformed the tignon itself into a symbol of defiance. They used luxurious fabrics, vibrant colors, and intricate wrapping techniques, turning an instrument of oppression into a statement of cultural pride and artistry (The Tignon Laws, 2025). This historical example speaks volumes about the enduring spirit of textured hair heritage—a heritage of resilience, creativity, and the unwavering commitment to self-expression even in the face of adversity. The burden addressed by modern hair laws is the continuation of this historical policing, where societal norms, often codified in workplace or school policies, dictate acceptable appearances based on Eurocentric standards (The CROWN Act, 2023).

Protective Styling as Ancestral Ingenuity

Protective styles, such as Braids, Locs, and Twists, have deep ancestral roots, serving not only aesthetic purposes but also practical ones. In ancient Africa, these styles protected the hair from environmental elements, facilitated growth, and allowed for intricate social messaging (A Crowning Glory, 2024). During the transatlantic slave trade, enslaved people used cornrows to create secret messages and maps, even hiding seeds within them for survival (Odele Beauty, 2024). This demonstrates a profound ingenuity, turning a practical styling method into a tool of resistance and cultural preservation.

The historical burden that textured hair laws address is the systemic devaluing of these very styles. For too long, protective styles, so integral to Black hair heritage, have been deemed “unprofessional” or “unclean” in Western contexts. This bias forces individuals to choose between their cultural identity and their professional or educational advancement.

The CROWN Act, standing for “Creating a Respectful and Open World for Natural Hair,” directly confronts this by prohibiting discrimination based on hair texture and protective styles (The Official CROWN Act). It acknowledges that these styles are not merely trends, but deeply connected to racial and cultural identity (Beyond Hair and Heritage, 2024).

How Do Current Policies Echo Past Controls?

Current workplace and school policies that restrict natural hairstyles echo the historical controls seen in the Tignon Laws. While perhaps less overtly draconian, their impact is equally insidious. These policies often operate under the guise of “professionalism” or “uniformity,” yet they disproportionately affect Black and mixed-race individuals.

For instance, a 2023 study co-commissioned by Dove and LinkedIn revealed that Black women’s hair is 2.5 times more likely to be perceived as “unprofessional” (The Official CROWN Act, 2023). This perception often leads to tangible consequences, with over 20% of Black women aged 25-34 having been sent home from work due to their hair (The CROWN Act, 2023).

This persistent bias translates into real economic and social burdens. Black women are 1.5 times more likely to be sent home from work because of their hair, and 80% report feeling the need to alter their natural hair to conform to workplace expectations (The Official CROWN Act, 2019). These statistics paint a clear picture of a historical burden that continues to play out in contemporary society, forcing individuals to invest time and money to straighten their hair, sometimes with negative health implications, to fit into Eurocentric beauty standards (The CROWN Act, 2023).

Relay

To truly grasp the relay of burdens addressed by textured hair laws, we must consider how ancestral wisdom, scientific understanding, and societal pressures have converged to shape the lived experience of Black and mixed-race individuals. This is not a simple linear progression, but a complex interplay where historical injustices continue to reverberate, demanding legislative intervention to safeguard identity and opportunity. The query about these laws, then, becomes an invitation to examine the intricate threads that connect ancient traditions to modern struggles, and to consider how legal frameworks might finally honor the profound heritage woven into every strand.

The historical burdens addressed by textured hair laws are deeply rooted in the concept of racial discrimination based on phenotypic characteristics. In Brazil, for example, a racial classification system exists where discrimination is often based on physical attributes such as skin color, facial features, and hair texture (Britto, Costa, & Waltenberg, 2023). This illustrates how the policing of hair is not an isolated phenomenon but part of a broader, systemic effort to maintain racial hierarchies.

The CROWN Act, which has been enacted in 24 states as of 2024, directly combats this by extending statutory protection to hair texture and protective styles like braids, locs, and twists in both the workplace and public schools (Legal Defense Fund, 2024). This legislation acknowledges that denying employment or educational opportunities based on hair is a form of racial discrimination that upholds white supremacy (Legal Defense Fund, 2024).

The Interplay of Identity and Professionalism

The notion of “professionalism” has historically been weaponized against textured hair. Policies prohibiting natural hairstyles, such as afros, braids, bantu knots, and locs, have been used to justify the removal of Black children from classrooms and Black adults from their employment (The CROWN Act, 2023). This creates a significant burden ❉ the psychological toll of constantly feeling scrutinized, the economic impact of job loss or missed opportunities, and the erosion of self-confidence and self-identity (The Person Beneath the Hair, 2023).

A significant case that powerfully illuminates this connection is the 2013 lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of Chastity Jones. Jones, a Black woman in Alabama, was offered a customer service position, but the offer was rescinded when she refused to cut her locs, which violated the company’s grooming policy (The CROWN Act, 2023). This case, though ultimately unsuccessful in federal court due to a narrow interpretation of “mutable” characteristics, highlights the direct link between hair policies and racial discrimination.

The EEOC argued that race is a social construct that extends beyond immutable characteristics to include cultural characteristics related to race or ethnicity, such as grooming practices (JSTOR Daily, 2019). This struggle to have culturally significant hairstyles recognized as an intrinsic part of racial identity underscores the historical burden that textured hair laws seek to rectify.

The financial burden is also substantial. Black consumers spent $2.3 billion on hair care in 2022, making it their largest category of beauty and skin purchases (The CROWN Act, 2023). Mandating hair straightening can be costly, with permanent straightening treatments ranging from $38 to $435 per session (The CROWN Act, 2023).

Moreover, studies have linked chemical straightening products to serious health concerns, including breast and uterine cancer (The CROWN Act, 2023). This means that the historical pressure to conform to Eurocentric standards not only carries a social and economic cost but also a profound health risk, adding another layer to the burdens these laws address.

How Do Hair Laws Address Systemic Disadvantage?

Hair laws like the CROWN Act directly address systemic disadvantage by legally affirming the right to wear natural and protective hairstyles without fear of discrimination. They challenge the long-standing bias that has deemed Black hair unprofessional or inappropriate in formal settings. By expanding the definition of race in anti-discrimination laws to include hair texture and protective styles, these acts aim to dismantle the institutional racism embedded in appearance policies (Virginia Law Review, 2021). This legal recognition is a crucial step towards fostering truly inclusive environments where individuals are not forced to compromise their cultural identity for opportunities.

The impact of these laws extends beyond mere legal protection; they serve as a powerful statement about dignity, self-acceptance, and the celebration of Black and mixed-race heritage. They empower individuals to reclaim their hair as a symbol of identity and ancestry, rather than a source of anxiety or discrimination (The CROWN Act, 2023). This shift in legal and societal perspective is a direct response to centuries of historical burdens that sought to control and diminish Black hair. The journey is far from complete, but each new law passed represents a step further away from those oppressive histories, moving towards a future where the beauty and cultural significance of textured hair are universally honored.

The journey to untangle these historical burdens is ongoing, but the legislative actions we see today are a direct consequence of the persistent advocacy of communities who understand that hair is not just hair. It is history. It is heritage. It is a profound expression of self that deserves protection and reverence.

Reflection

As we close this exploration, the enduring significance of textured hair laws becomes clear ❉ they are not just legal statutes, but profound affirmations of a living, breathing heritage. They stand as testaments to the centuries-long struggle for recognition, dignity, and freedom of expression, a struggle deeply etched into the very helix of Black and mixed-race hair. Each coil, every wave, and every strand carries the wisdom of ancestral practices, the resilience forged in the crucible of oppression, and the vibrant spirit of cultural identity. These laws serve as vital bridges, connecting the echoes of past burdens to the promise of an unbound future, where the soul of every strand can truly flourish, honored and unrestrained.

References

• Britto, A. Costa, R. & Waltenberg, F. (2023). Are Formal Rules Sufficient to Counteract the Burden of History? Racial Inequality and the Historical Evolution of Formal Educational Rules in Brazil. Comparative Education Review, 67 (4).
• Dove and LinkedIn. (2023). CROWN 2023 Workplace Research Study .
• Legal Defense Fund. (2024). Hair Discrimination FAQ .
• Odele Beauty. (2024). A History Lesson On Hair Braiding .
• Stiel, L. et al. (2015). Hair product use and breast cancer risk in a racially diverse cohort .
• The Economic Policy Institute. (2023). The CROWN Act ❉ A jewel for combating racial discrimination in the workplace and classroom .
• The McGill Journal of Law and Health. (2022). Afro-Hair and the Law ❉ The State of American and Canadian Law on Race-Based Hair Discrimination .
• The National Association for the Advancement of Colored People (NAACP). (n.d.). The CROWN Act – Creating a Respectful and Open Workplace for Natural Hair .
• The Official CROWN Act. (n.d.). About .
• The Perception Institute. (2016). Good Hair Study .
• The Queen’s Journal. (2025). History, identity, and community ❉ The significance of Black hair .
• The U.S. Equal Employment Opportunity Commission (EEOC). (2013). EEOC v. Catastrophe Management Solutions .
• Virginia Law Review. (2021). Black Women’s Hair and Natural Hairstyles in the Workplace ❉ Expanding the Definition of Race Under Title VII .